The Southwest Florida Water Management District (SWFWMD) gives notice that it is developing rules as part of a statewide effort headed by the Florida Department of Environmental Protection (DEP) and joined by all five water management districts (...

Notice of Development of Rulemaking

 

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.: RULE TITLE:
40D-21.011: Policy and Purpose
40D-21.051: Definitions
40D-21.211: Monitoring Conditions
40D-21.221: Evaluating Water Conditions
40D-21.231: Declaring a Water Shortage
40D-21.251: Water Shortage Phases
40D-21.275: Implementing a Water Shortage Declaration
40D-21.281: Modifying or Rescinding a Water Shortage Declaration
40D-21.331: Declaring a Water Shortage Emergency
40D-21.371: Water Use Restrictions in a Water Shortage Emergency
40D-21.391: Implementing a Water Shortage Emergency Declaration
40D-21.421: Enforcement
40D-21.511: General
40D-21.531: Source Classifications
40D-21.541: Use Classifications
40D-21.571: Method of Withdrawal Classifications
40D-21.601: General
40D-21.621: Phase I: Moderate Water Shortage
40D-21.631: Phase II: Severe Water Shortage
40D-21.641: Phase III: Extreme Water Shortage
40D-21.651: Phase IV: Critical Water Shortage

PURPOSE AND EFFECT: The Southwest Florida Water Management District (SWFWMD) gives notice that it is developing rules as part of a statewide effort headed by the Florida Department of Environmental Protection (DEP) and joined by all five water management districts (WMDs), to increase consistency in the consumptive use permitting (CUP), minimum flows and levels (MFLs), and water supply related programs of the WMDs. This rule development is proposed to be coordinated with similar rule development by the other WMDs throughout Florida. This rule development will make appropriate rule amendments to SWFWMD’s Chapters 40D-1, 40D-2, 40D-8, 40D-20, 40D-21, and 40D-22, F.A.C., and the Southwest Florida Water Management District Water Use Permit Information Manual to address the following goals of the DEP and the WMDs for this rulemaking: (1) making the CUP rules less confusing for applicants; (2) treating applicants equitably statewide; (3) providing consistent protection of the

environment; (4) streamlining the application and permitting process; and (5) incentivizing behavior that protects water resources, including water conservation. Additional information about the statewide CUP consistency initiative is available at DEP’s website at: www.dep.state.fl.us/water/ waterpolicy/cupcon.htm.

SUBJECT AREA TO BE ADDRESSED: This rule development will include, but may not be limited to, the amendment, repeal, or development of rules as needed to accomplish CUP consistency goals, on the following subjects: (1) consumptive use permit criteria; (2) limiting conditions (permit conditions by rule); (3) permit thresholds; (4) permit types; (5) permit duration; (6) water conservation requirements; (7) annual allocation requirements and other rules needed to provide continuous reasonable assurance throughout the duration of a permit; (8) modification of permits; (9) 10-year compliance reports; (10) compliance monitoring and forms; (11) application forms; (12) permit fees to address related changes to permit thresholds or permit types; (13) procedural rules in Chapter 40D-1, F.A.C.; (14) water shortage plan rules in Chapter 40D-21, F.A.C.; (15) minimum flows and levels (MFLs) rules in Chapter 40D-8, F.A.C.; and (16) other rules for which conforming amendments may be needed along with any rule changes made in the subject areas identified above.

Note: Members of the District’s Governing Board may attend the scheduled Rule Development Workshop.

RULEMAKING AUTHORITY: 373.044, 373.113, 373.171, F.S.
LAW IMPLEMENTED: 373.042, 373.0421, 373.109, 373.118, 373.219, 373.223, 373.227, 373.229, 373.236, 373.239, 373.246, 373.250, F.S.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: August 15, 2012, immediately following the Chapter 62-40 rule workshop of the Florida Department of Environmental Protection, which is scheduled to begin at 9:00 a.m.

PLACE: SWFWMD, Governing Board Meeting Room, District Headquarters, 2379 Broad Street, Brooksville, Florida 34604

DATE AND TIME: August 16, 2012, immediately following the Chapter 62-40 rule workshop of the Florida Department of Environmental Protection, which is scheduled to begin at 9:00 a.m.

PLACE: SWFWMD, Governing Board Meeting Room, Tampa Service Office, 7601 Highway 301 North, Tampa, Florida 33637

DATE AND TIME: August 21, 2012, immediately following the Chapter 62-40 rule workshop of the Florida Department of Environmental Protection, which is scheduled to begin at 9:00 a.m.

PLACE: Florida Cattlemen’s Association, 800 Shakerag Road, Kissimmee, Florida 34744

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Sonya White, Senior Legal Assistant, Southwest Florida Water Management District, Office of General Counsel, 7601 US Hwy. 301, Tampa, FL 33637-6759, [phone] or 1(800)836-0797 (Florida only), [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Laura Jacobs Donaldson, Esq., Southwest Florida Water Management District, Office of General Counsel, 7601 US Hwy. 301, Tampa, FL 33637-6759, [phone] or 1(800)836-0797 (Florida only), laura.donaldson@swfwmd. state.fl.us or Sonya White, Senior Legal Assistant, Southwest Florida Water Management District, Office of General Counsel, 7601 US Hwy. 301, Tampa, FL 33637-6759, [phone] or 1(800)836-0797 (Florida only), [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.